LTC 025-2021 Combined Noise Report (Annual and Q2-2020)DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC # 025-2021 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, Interim City Manager
DATE: January 19, 2021
SUBJECT: Combined Noise Report:
Quarterly Noise Report Q2-2020 (April – June 2020) and
Annual Noise Report 2019-2020 (July 2019 – June 2020)
This Letter to the Mayor and City Commission (LTC) provides noise data and analysis on the Code
Compliance Department’s (Code) enforcement efforts regarding the city’s noise ordinance. The analysis
includes the quarterly report Q2-2020 (April 1, 2020 - June 30, 2020) and the annual noise report which
reflects data from July 1, 2019 through June 30, 2020. The data presented in this LTC is submitted in
accordance to the requirements established in the 2008 Noise Administrative Guidelines, which were
adopted via resolution and approved on October 7, 2008.
The information provided in this report is based on the data obtained from Energov, the database utilized
by Code to track all cases, including noise complaints. The report includes the following documentation:
• Attachment A: Detailed data table for all noise cases for Q2-2020.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Master Hearings for Q2-2020.
• Attachment C: Detailed data table for all noise cases for the period from July 1, 2019 - June 30,
2020.
I. Summary of Quarter 2 - 2020
During Q2-2020, there were a total of 1,027 noise cases opened and/or investigated by either Code or
Police. Of these, 233 cases were routed to or addressed by Police during periods that Code does not
operate, seven cases were deemed not applicable to Code, and four cases were duplicates entered in
error.
When the above referenced 244 cases are subtracted from the total number of noise investigations, the
result is 783 cases with a disposition. The disposition reflects several possible outcomes including whether
the noise complaint met or failed to meet the noise violation threshold.
Achieving compliance is a principal goal for Code as it relates to the city’s noise ordinance. Compliance
is determined after assessment of the complaint by the code compliance officer (CCO) and it is established
that the reported noise level is not excessive, unusual and/or unnecessary. This determination may be
realized because the noise was lowered prior to the CCO’s arrival, an exemption was granted by permit,
the noise level was not loud or excessive, the noise was not audible at 100 feet after 11PM or the noise
was lowered as a direct result of a violation or warning being issued. During the rating period, compliance
was achieved in 748 of the 783 cases handled by Code resulting in a compliance rate of 95.5% including
the 17 cases achieving compliance by the issuance of a notice of violation or warning.
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
LTC: Annual Noise Report 2019-20 (July 2019 – June 2020) and Q2-2020 Noise Report (April – June 2020)
Page 2 of 3
METHOD OF COMPLIANCE (Q2-2020)
No Noise
Upon Arrival
Music/Noise
Not Loud
nor
Excessive
After 11PM -
Not audible
at 100ft.
Warning /
Violation
Issued
Exemption
Granted
Music / Noise
Lowered Prior to
Code's Arrival
(per complainant)
373 264 58 17 13 23
This quarter continues the trend with loud music as the most common type of noise complaint (597 cases,
76.2%) followed by construction noise (105 cases, 13.4%). As it relates to the day of the week, Saturday
continues to be the day with the highest incidents of noise complaints (193 cases, 24.6%).
The analysis for Q2-2020 indicates that of the total 783 cases addressed by Code, 635 (81.1%) were
identified to have taken place in residential areas; 86 (11.0%) took place within commercial areas. The
chart below details this information.
BREAKDOWN OF TOTAL CASES BY TYPE
April - June 2020
Number of
cases
Percentage of cases
handled by Code
RESIDENTIAL 635 81.1%
COMMERCIAL 86 11.0%
OTHER /
UNKNOWN 62 7.9%
TOTAL 783 100%
Attachment A provides details regarding the location of the noise complaint or proactive assessment, (e.g.
apartment, bar, club, condominium, etc.), as well as noise type (e.g. loud music, construction, noise,
barking dog). The attachment also reflects noise cases by time of day and day of week.
Response time can be a crucial element in responding to noise complaints. The table below provides the
response time by establishment type for Q2-2020. Response time is described as the period between the
time the complaint is received by the Parking Department’s Dispatcher and “arrival time” to the location by
a CCO.
AVERAGE TIME FOR CODE OFFICER TO ARRIVE (Q2-2020)
(April - June 2020)
Establishment Type Number of Cases* Average Time for Code
Officer to Arrive (h:mm:ss)
Residential 608 0:20:25
Commercial 86 0:17:23
Other 53 0:19:17
All Cases 747 0:19:59
*Average Time Calculated using only those cases with valid time data for
both "Time Call Received by Dispatch" and "Time of Arrival by Code
Officer"
II. Special Master Appeal Hearings (Q2-20)
As required by Chapter 162 of the Florida Statutes, and part of due-process, noise violations are
appealable before a Special Master. Attachment B reflects the resolution and/or status of noise-related
cases appealed as of this reporting period.
During the evaluation period there were 13 noise-related cases pending appeal before the Special Master.
Of these, 10 related cases are indefinitely continued pending litigation and three had yet to be heard. It
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
LTC: Annual Noise Report 2019-20 (July 2019 – June 2020) and Q2-2020 Noise Report (April – June 2020)
Page 3 of 3
would be important to note that due to the Covid-19 situation, no Special Master cases were heard during
this quarter.
III. Summary of Annual Report Data
During the reporting period for July 1, 2019 through June 30, 2020 a total of 3,987 noise complaint cases
were received. Of the 3,987 total cases, 604 were routed to Police as the request was received during
hours that Code does not operate, 23 were determined to not be applicable to Code and 28 cases were
duplicates entered in error.
When the above referenced 655 cases are removed from the total number of cases opened the result is
3,332 cases having been addressed by Code. During the annual evaluation period, compliance was
achieved in 3,233 of the 3,332 cases handled by Code resulting in a compliance rate of 97.03% including
the 153 cases achieving compliance by the issuance of a notice of violation or warning.
Loud music remains the most common type of noise complaint (2,602 cases, 78.1%) followed by
construction-related noise (487 cases, 14.6%). As it relates to the day of the week, Saturday continues to
be the day with the highest incidents of noise complaints (798 cases, 23.9%).
BREAKDOWN OF TOTAL CASES BY TYPE
July 2019 – June 2020
Number of
cases
Percentage of
cases handled by
Code
RESIDENTIAL 2,125 63.8%
COMMERCIAL 797 23.9%
OTHER 410 12.3%
TOTAL 3,332 100%
Historically, noise complaints in residentially zoned areas make up more than half of all noise cases. As
illustrated in the chart above, this reporting year continues the trend.
If you require further information, please contact Hernan D. Cardeno, Code Compliance Director at
305.673.7077.
RJA/EC/HDC/TC/rfm
Attachments
Attachment A: Noise Case Data, Q2-2020
Attachment B: Special Master Case Result Summary, Q2-2020
Attachment C: Noise Case Data, July 1, 2019 – June 30, 2020
F:\CODE\$ADM\NOISE\Annual and Q2-2020 Noise LTC\Annual and Q2-2020 Report-3.docx
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
ATTACHMENT A
Total Number of Noise Complaint Cases Opened/Calls
Total Cases Opened
Less Voided, Duplicate
Complaints, Complaints
not Applicable to or
handled by Code
Compliance
Total with
Dispositions
1,027 244 783
Breakdown of Notices / Warnings Issued
Verbal 6 35.3%
Written Warning 10 58.8%
Violation 1 5.9%
Totals 17 100%
Noise Cases by Type of Establishment
Establishment Type
Totals
Number of Cases Percentage of All
Cases
Residential 635 81.1%
Commercial 86 11.0%
Other 62 7.9%
Totals 783 100%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other = Bandshell, Beach, Public Property, etc.
Establishment Type
Totals
Number of Cases Percentage of All
Cases
APT 327 41.8%
BAR 3 0.4%
CLUBS 1 0.1%
CONDO 155 19.8%
CONDO-HOTEL 16 2.0%
HOME 153 19.5%
OTHER 61 7.8%
RESTAURANT 42 5.4%
RETAIL 0 0.0%
HOTEL 24 3.1%
UNKNOWN 1 0.1%
Totals 783 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 597 76.2%
LIVE ENTERTAINMENT 4 0.5%
BARKING DOG / ANIMALS 24 3.1%
CROWD NOISE 36 4.6%
CONSTRUCTION 105 13.4%
OTHER 14 1.8%
HONKING CARS/ALARMS 3 0.4%
Totals 783 100%
Noise Data 04/01/2020 - 6/30/2020 (Q2-2020)
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
Call Time of Day / Day of Week
Day of Week Total 7a - 11p 11p - 7a
(of the following morning)
Monday 79 10.1% 56 7.2% 23 2.9%
Tuesday 85 10.9% 61 7.8% 24 3.1%
Wednesday 82 10.5% 64 8.2% 18 2.3%
Thursday 95 12.1% 57 7.3% 38 4.9%
Friday 139 17.8% 76 9.7% 63 8.0%
Saturday 193 24.6% 130 16.6% 63 8.0%
Sunday 110 14.0% 88 11.2% 22 2.8%
Totals 783 100% 532 67.9% 251 32.1%
Call Time of Day - Establishment Type
Establishment Type Total 7a - 11p 11p - 7a
(of the following morning)
RESIDENTIAL 635 81.1% 428 54.7% 207 26.4%
COMMERCIAL 86 11.0% 53 6.8% 33 4.2%
OTHER 61 7.8% 50 6.4% 11 1.4%
UNKNOWN 1 0.1% 1 0.1% 0 0.0%
Totals 783 100% 532 67.9% 251 32.1%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice / Warning Issued No Notice / Warning Issued
Anonymous Complainant 530 67.7% 14 1.8% 516 65.9%
Anonymous / Contact made 30 3.8% 2 0.3% 28 3.6%
Contact Information Provided 204 26.1% 0 0.0% 204 26.1%
Proactive 0 0.0% 0 0.0% 0 0.0%
Unknown 19 2.4% 1 0.1% 18 2.3%
Totals 783 100% 17 2.2% 766 97.8%
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (Q2-2020)
Date of
Violation
Request Filed Special Master
Case Number
Code Case
Number
Address Name Status
11/03/2017 11/14/2017 SMN2017-00031 NC2017-04895 1330 OCEAN DR TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
11/04/2017 11/14/2017 SMN2017-00030 NC2017-04988 1330 OCEAN DR TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
05/19/2018 05/25/2018 SMN2018-00048 NC2018-07459 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
05/20/2018 05/25/2018 SMN2018-00049 NC2018-07467 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
08/10/2018 08/20/2018 SMN2018-00056 NC2018-08203 1330 OCEAN DR C-51 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
08/12/2018 08/20/2018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-51 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
03/12/2019 03/18/2019 SMN2019-00070 NC2019-10539 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
03/20/2019 03/26/2019 SMN2019-00072 NC2019-10648 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
03/22/2019 03/26/2019 SMN2019-00071 NC2019-10685 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
04/14/2019 04/18/2019 SMN2019-00073 NC2019-110055 1330 OCEAN DR TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
12/03/2019 12/10/2019 SMN2019-00093 NC2019-13034 1628 COLLINS AVE 9 BEACH LATIN AMERICAN L SM 07/30/2020
01/04/2020 01/17/2020 SMN2020-00095 NC2020-13447 1614 ALTON RD PLAZA CONSTRUCTION
GROUP FLORIDA LLC
SM 08/13/2020
02/28/2020 03/06/2020 SMN2020-00096 NC2020-14137 1000 COLLINS AVE CG FAIRWINDS LLC C/O TAI
BLUN
SM 12/17/2020
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
ATTACHMENT C
Total Number of Noise Complaint Cases Opened/Calls
Total Cases Opened
Less Voided, Duplicate
Complaints, Complaints
not Applicable to or
handled by Code
Compliance
Total with
Dispositions
3,987 655 3,332
Breakdown of Notices / Warnings Issued
Verbal 14 9.2%
Written Warning 79 51.6%
Violation 60 39.2%
Totals 153 100%
Noise Cases by Type of Establishment
Establishment Type
Totals
Number of Cases Percentage of All
Cases
Residential 2,125 63.8%
Commercial 797 23.9%
Other 410 12.3%
Totals 3,332 100%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other = Bandshell, Beach, Public Property, etc.
Establishment Type
Totals
Number of Cases Percentage of All
Cases
APT 1,018 30.6%
BAR 92 2.8%
CLUBS 61 1.8%
CONDO 639 19.2%
CONDO-HOTEL 104 3.1%
HOME 468 14.0%
OTHER 409 12.3%
RESTAURANT 294 8.8%
RETAIL 6 0.2%
HOTEL 240 7.2%
UNKNOWN 1 0.0%
Totals 3,332 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 2,602 78.1%
LIVE ENTERTAINMENT 13 0.4%
BARKING DOG / ANIMALS 165 5.0%
CROWD NOISE 38 1.1%
CONSTRUCTION 487 14.6%
OTHER 20 0.6%
HONKING CARS/ALARMS 7 0.2%
Totals 3,332 100%
Noise Data 07/01/2019 - 6/30/2020 (Annual)
DocuSign Envelope ID: 7BFE2198-B3C1-4FC3-AE86-A8CD7CBC8A17
Call Time of Day / Day of Week
Day of Week Total 7a - 11p 11p - 7a
(of the following morning)
Monday 342 10.3% 238 7.1% 104 3.1%
Tuesday 348 10.4% 228 6.8% 120 3.6%
Wednesday 352 10.6% 236 7.1% 116 3.5%
Thursday 431 12.9% 242 7.3% 189 5.7%
Friday 575 17.3% 263 7.9% 312 9.4%
Saturday 798 23.9% 419 12.6% 379 11.4%
Sunday 486 14.6% 392 11.8% 94 2.8%
Totals 3,332 100% 2018 60.6% 1314 39.4%
Call Time of Day - Establishment Type
Establishment Type Total 7a - 11p 11p - 7a
(of the following morning)
RESIDENTIAL 2,125 63.8% 1,304 39.1% 821 24.6%
COMMERCIAL 797 23.9% 417 12.5% 380 11.4%
OTHER 409 12.3% 296 8.9% 113 3.4%
UNKNOWN 1 0.0% 1 0.0% 0 0.0%
Totals 3,332 100% 2018 60.6% 1,314 39.4%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice / Warning Issued No Notice / Warning Issued
Anonymous Complainant 2129 63.9% 70 2.1% 2,059 61.8%
Anonymous / Contact made 115 3.5% 18 0.5% 97 2.9%
Contact Information Provided 1064 31.9% 63 1.9% 1,001 30.0%
Proactive 5 0.2% 1 0.0% 4 0.1%
Unknown 19 0.6% 1 0.0% 18 0.5%
Totals 3,332 100% 153 4.6% 3,179 95.4%